Civil Gideon

Legal Action of Wisconsin has put together a motion packet for pro se individuals to use to request that the court appoint an attorney to represent them in a civil case.  A court appointed attorney is not a right in civil cases (like it is in criminal cases) but pro se individuals have the right to ask for one.

Low income individuals have very little luck finding legal representation and without representation, they have difficulty navigating the court system, the court system becomes more bogged up as judges need to waste time educating pro se individuals, and the results are often not favorable.  

The need for legal representation is even greater for victims of domestic violence because of the imbalance of power in the relationship, their lack of financial resources because of financial abuse, perpetrator's use of the court system to further control their victim, and the trauma the victim has experienced which often effects how she presents herself.  Add to all of that the costs associated with going through the court system (GAL fees, study fees, mediation fees, etc.) and the push in many counties to give parties 50/50 placement and joint custody even with the presence of domestic violence.  

Can we make the court system any more difficult for victims?  When will courts recognize the effects on children of domestic violence and make that a priority over parental rights?  When will courts recognize that most contested custody battles involve domestic violence and because of the perpetrator's focus on controlling the victim instead of the best interests of the children, GAL and studies are necessary?  When will courts recognize that the costs for such should be paid by the party causing the need for those things?  When will courts make a priority protecting children?

It's so frustrating to see courts ignore some very important tools for victims of domestic violence that are written right into the state statutes.  And it is so frustrating to watch clients go further and further in debt when all they want to do is protect their children.

So getting back to the topic of legal representation for indigent individuals in civil cases, I hope that courts see this as an opportunity to make the court process more fair and provide better access to our court system for indigent individuals but I fear that county budgets will instead be the focus at the expense of indigent individuals and at the expense of victims of domestic and sexual violence and their children.